Copyright Carolyn E. Wright, Esq., all rights reserved

It’s easier than ever for someone to steal your photographs in this digital age. While the copyrights for your photographs are created at the click of the shutter, the best way to protect your photographs is to register them with the U.S. Copyright Office. You can register the images yourself, but mistakes in the process can limit your rights.

Finding an unauthorized use of your photograph on the web is upsetting. But what can you do about it? You can contact an attorney for assistance. But if you haven’t registered your photo in advance of the infringement, then you won’t be eligible for statutory damages. Attorneys will take such cases on contingency only under certain circumstances. It then will cost a lot to pursue the infringement when paying the attorney an hourly fee. In the alternative, you can send a cease and desist and/or a demand for payment yourself to the infringer. But such letters are often ignored.

Fortunately, the Digital Millennium Copyright Act (DMCA) gives you another option.

These days, photographers are likely to find one or more of their images used without permission. One defense is often that it is a “fair use.” The challenge is determining whether the unauthorized use is an infringement or fair use. While only a court of law can make that decision, understanding what makes a use “fair” will help you protect your work.

The U.S. Copyright Office recently began beta testing for its new "eCO" (electronic Copyright Office) web-based registration system. Joseph J. Delconzo, a professional news photographer signed up for the testing.